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These cases are often very difficult for a prosecutor
to prove.
The prosecutor must prove that you used a
Controlled substance and that you
were under the influence of that controlled substance.
Sometimes, the prosecutor will try
to prove this with a blood test.
But oftentimes, there is no blood test.
And this can make it extremely difficult for the prosecutor
to prove their case.
Sometimes, people will be charged
with this crime when they're not under the influence because
of illness or fatigue, which can often
mimic the symptoms of being under the influence.